Notice by the Secretary of State under section 52 of the National Parks and Access to the Countryside Act 1949: Wallasea Island to Burnham-on-Crouch, lengths WIB2, WIB3, WIB4 and WIB5
Updated 6 March 2024
Applies to England
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Introduction
On 29 January 2020 Natural England submitted a compendium of coastal access reports relating to the stretch of coast between Wallasea Island to Burnham-on-Crouch to the Secretary of State for Environment, Food and Rural Affairs under section 51 of the National Parks and Access to the Countryside Act 1949 (“the 1949 Act”), pursuant to its duty under section 296(1) of the Marine and Coastal Access Act 2009 (“the 2009 Act”).
This determination only relates to lengths WIB2, WIB3, WIB4 and WIB5. Proposals for length WIB1 covering the remainder of the route, was approved on 23 April 2021.
In reaching a determination under section 52 of the 1949 Act the Secretary of State has considered:
a. Wallasea Island to Burnham-on-Crouch length reports WIB2, WIB3, WIB4 and WIB5 – part of Natural England’s coastal access report compendium for Wallasea Island to Burnham-on-Crouch submitted to the Secretary of State on 29 January 2020
b. in accordance with paragraph 16(1)(a) of the Schedule, the objections which the appointed person determined to be an admissible objection
c. in accordance with paragraph 16(1)(b) of the Schedule, Natural England’s comments on the admissible objections which it sent to the Secretary of State
d. in accordance with paragraph 16(1)(c) of the Schedule, the reports given to the Secretary of State by the appointed person in respect of the objections which the appointed person determined to be an admissible objection
e. in accordance with paragraph 16(1)(d) of the Schedule, representations made by a person within paragraph 2(2)(b) to (f) of the Schedule and the summary of other representations made, and Natural England’s comments on those representations which it sent to the Secretary of State in June 2020
In this notice –
(a) “objection” means an objection about the coastal access report which is made under paragraph 3 of Schedule 20 of the Marine and Coastal Access Act 2009; and
(b) “representation” means a representation about the coastal access report which is made under paragraph 7 of Schedule 20 of the Marine and Coastal Access Act 2009.
Secretary of State’s approval of coastal access proposals
The Secretary of State has determined to approve those proposals for the route and associated coastal margin as set out in length reports WIB2, WIB3, WIB4 and WIB5.
In the respects specified in the objection set out at Annex A to this notice, the Secretary of State determines that the proposals set out in the coastal access report do not fail to strike a “fair balance” as a result of the matters specified in the objections. The Secretary of State therefore approves the proposals set out in the coastal access report so far as they relate to those parts of the route (and associated coastal margin) to which the objection relates.
Where proposals are approved in full, the additional conclusions and observations of the Secretary of State in relation to the representations are set out at Annex B to this notice.
The Secretary of State has made available at www.gov.uk:
a. a copy of this notice
b. the reports on the objections given to them by the appointed person
c. representations made by a person within paragraph 2(2)(b) to (f) of the Schedule, and Natural England’s comments on those representations, which it sent to the Secretary of State in March 2020
d. summary of other representations, and Natural England’s comments on those representations, which it sent to the Secretary of State in March 2020
Natural England has also made available here:
e. Wallasea Island to Burnham-on-Crouch - the compendium of coastal access reports
Annex A: Objections which did not fail to strike a “fair balance”
Objection Reference: MCA/WIB2/O/1/WIB0291
The land in the Report to which the objection relates is route section WIB-2-S028. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB2/O/2/WIB0644
The land in the Report to which the objection relates are route sections WIB-2-S029 to WIB-2-S038. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB3/O/2/WIB0291
The land in the Report to which the objection relates are route WIB-3-S008. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB3/O/1/WIB0420
The land in the Report to which the objection relates are route WIB-3-S006. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB4/O/1/WIB0306
The land in the Report to which the objection relates are route WIB-4-S009 to WIB-4-S012. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB5/O/1/WIB0101
The land in the Report to which the objection relates is route section WIB-5-S005FP. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB5/O/1/WIB0084
The land in the Report to which the objection relates is route section WIB-5-S006FP. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Objection Reference: MCA/WIB5/O/1/WIB0532
The land in the Report to which the objection relates is route section WIB-5-S032FP. The Secretary of State notes the consideration and recommendation of the appointed person in regard to this objection and approves the proposals in relation to route section.
Annex B: Conclusions and observations on representations
The Secretary of State has considered, in relation to the coastal access report, the following representations made under paragraph 7 of the Schedule.
Representation ID: MCA/WIB Stretch/R/1/WIB0662
Organisation/ person making representation:
The Ramblers Association
Route sections on or adjacent to the land:
Whole stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB3, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State thanks The Ramblers Association for their support of the proposed coast path.
Representation ID: MCA / WIB2/ R /2/WIB0638
Organisation/ person making representation:
Essex County Council
Route sections specific to this representation:
Report WIB 2: Map WIB E2, Sections WIB-2-S017 to WIB-2-S021
Report WIB 2: Sections WIB-2-S029, WIB-2-S031 and WIB-2-S035
Other reports within stretch to which this representation also relates:
WIB1, WIB3, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges and values the strong support provided by Essex County Council for the King Charles III England Coast Path scheme. Additionally, the Secretary of State takes note of Natural England’s dedicated commitment to implementing crucial modifications, with a specific focus on addressing concerns related to S25A directions and the classification of certain trail sections as existing highways.
Representation ID: MCA/WIB Stretch/R/2/WIB0008
Organisation/ person making representation:
Disabled Ramblers
Route sections specific to this representation:
WIB whole stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB3, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State recognises Disabled Ramblers’ concerns about potential barriers on the King Charles III England Coast Path and underscores the need for unobstructed access. The Secretary of State appreciates Natural England’s commitment to addressing these concerns and collaborating with Essex County Council for inclusive and legally compliant access.
Representation ID: MCA/WIB2/R/1/WIB0663
Organisation/ person making representation:
Ashingdon Parish Council
Route sections specific to this representation:
WIB whole stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB3, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Ashingdon Parish Council’s endorsement of the Hullbridge route and notes Natural England’s decision not to propose the sea wall alignment due to privacy concerns and excepted land categories, reflecting a balanced approach to coastal access.
Representation ID: MCA / WIB3/ R /2/WIB0638
Organisation/ person making representation:
Essex County Council
Route sections specific to this representation:
Report WIB 3: Section WIB-3-S013 to WIB-3-S015
Other reports within stretch to which this representation also relates: WIB1, WIB2, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State notes Essex County Council’s concerns regarding inaccuracies in the report, especially concerning S25A restrictions and the legal status of sections. The Secretary of State acknowledges Natural England’s decision to map these sections as “trail not using an existing walked route” during the proposals stage and values the collaborative approach taken by Natural England and Essex County Council to ensure a balanced approach to coastal access.
Representation ID: MCA/WIB3/R/1/WIB0663
Organisation/ person making representation:
Ashingdon Parish Council
Route sections specific to this representation:
WIB whole stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB2, WIB4 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Ashingdon Parish Council’s agreement with part of the route and their exception regarding a segment diverting the path to the A132 highway. The Secretary of State notes Natural England’s response, which explains the constraints and considerations behind the proposed alignment, emphasising the need to balance scenic alignment with practical constraints and user needs.
Representation ID: MCA/WIB4/R/2/WIB0638
Organisation/ person making representation:
Essex County Council
Route section(s) specific to this representation:
Report WIB 4: Map WIB E4, Sections WIB-4- S026 to WIB-4-S004
Report WIB 4: Section WIB-4-S009
Other reports within stretch to which this representation also relates:
WIB1, WIB2, WIB3 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Essex County Council’s support for the King Charles III England Coast Path scheme but notes their concerns about inaccuracies in the report, particularly regarding S25a restrictions and existing highway sections. The Secretary of State acknowledges Natural England’s commitment to reviewing and rectifying mapping errors post-access rights confirmation, supporting Essex County Council’s exclusion recommendations, and addressing alignment issues in section WIB-4-S009.
Representation ID: MCA/WIB4/R/1/WIB0663
Organisation/ person making representation:
Ashingdon Parish Council
Route sections specific to this representation:
WIB whole stretch
Route sections on or adjacent to the land:
WIB whole stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB2, WIB3 and WIB5
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Ashingdon Parish Council’s full agreement with the WIB-4 route, considering it a balanced choice near the coast, and their hope for potential future changes aligning the path with the railway. The Secretary of State notes Natural England’s report, which anticipates future alterations in the specified area and permits potential variations in path alignments.
Representation ID: MCA/WIB5/R/2/WIB0638
Organisation/ person making representation:
Essex County Council
Route sections specific to this representation:
Report WIB5: Map WIB E5a, Sections WIB-5-S003 to WIB-5-S018
Report WIB5: Map WIB E5b, Sections WIB-5-S053 to WIB-5-S042
Other reports within stretch to which this representation also relates:
WIB1, WIB2, WIB3 and WIB4
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Essex County Council’s strong endorsement of the King Charles III England Coast Path scheme, with concerns about inaccuracies in the report, including S25a restrictions and highway sections, along with specific mention of the omitted 1000-meter mudflat section (WIB-5-S042 to S053). The Secretary of State notes Natural England’s commitment to rectify mapping discrepancies and provide signage for clarity, in agreement with Essex County Council’s representation on the King Charles III England Coast Path scheme.
Representation ID: MCA/WIB5/R/1/WIB0663
Organisation/ person making representation:
Ashingdon Parish Council
Route sections specific to this representation:
WIB stretch
Other reports within stretch to which this representation also relates:
WIB1, WIB2, WIB3 and WIB4
Secretary of State’s conclusion and observation:
The Secretary of State acknowledges Ashingdon Parish Council’s full agreement with the route in WIB-5